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1. The defendant shall be punished by imprisonment for one year;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 5, 2013, the Defendant concluded a lease agreement (a lease agreement of 36 months, monthly rent of 3,927,383 won) with the victim D Co., Ltd. and the Defendant’s “Co. E” operated by the victim D Co., Ltd. and the Defendant as a joint guarantor, and with the Defendant as a director, as a joint guarantor, with the Defendant as the joint guarantor, the lease agreement of 142,00,000 won for the 1st passenger car (a lease agreement of 36 months, monthly rent of 3,927,383).
The Defendant paid rent only until June 20, 2014 while keeping and using the said vehicle in accordance with the foregoing lease agreement, and provided and embezzled the said vehicle as security on July 11, 2014 (the time when the actual amount was received according to the documents attached to the written opinion of counsel is clear that it was the 11th day of the same month, which is not July 25, 2014 as stated in the written indictment, and thus, it is recognized that the said facts were recognized).
2. On July 12, 2012, the Defendant: (a) concluded a lease agreement with the victimized company and the Defendant for the Plaintiff’s vehicle for the Plaintiff’s vehicle for KRW 46,335,080 on July 12, 2012 (a lease agreement of KRW 44 months, monthly lease fee of KRW 992,30) with the victim company and the Defendant as a lessee; (b) concluded a lease agreement with the victim company for the vehicle for the Plaintiff’s vehicle for KRW 99,062,664 as a lessee and a joint guarantor at the same place on July 13, 2012 (a lease agreement of KRW 36,35,56,60) with the Defendant as a joint guarantor; and (c) concluded the lease agreement for the vehicle for KRW 59,06,64 with the victim company at the same time as above as a lessee and a joint guarantor (a lease agreement of KRW 36,46,256,60,60).
The Defendant paid rent only from June to July, 2014, while keeping and using each passenger car according to each of the above lease agreements, and borrowed KRW 34 million from the mutual unsound loan company located in the Gangwon-do fleet-gun around July 2014, and embezzled each of the said automobiles as collateral.
Summary of Evidence
1. The defendant;